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Prosper Dembedza Herald Correspondent
A Harare magistrate will on October 20 rule on the application for withdrawal of charges before plea by two men who are facing charges of erecting an illegal billboard in Borrowdale, making statements that a property company found damaging.
Grant Russel and Mark Strathen face criminal nuisance charges and have been fighting a legal battle to have the charges set aside or withdrawn.
Their lawyers wrote to the State on June 6 last year asking the prosecution either to withdraw the charges against them or withdraw the charges before plea.
This was after they had unsuccessfully fought a previous legal battle, that eventually led to a High Court appeal, to have the charges excepted, which is a form of having them set aside.
The State has opposed the latest application for withdrawal of charges saying the pair wanted to resurrect through the back door those exception proceedings which were dismissed.
In their application, the pair states that if the State is not prepared to withdraw charges, the court should order their removal from further remand.
They said failure to do this would be greatly prejudicing them.
In its response to this application, the State replied: “The State is opposed to such procedure being adopted and insists that the accused persons be subjected to trial whereupon their guilt or innocence will otherwise be proved.”
The State argues that the facts as alleged disclose an offence, but in any case the matter has already been dealt with, then the exception was dismissed.
“It must be noted that the accused persons entered a not guilty plea and excepted to the charge which exception was heard and dismissed by Mr Shane Kubonera. There exists no legal basis to unwind the legal clock and resurrect through the back door the exception proceedings heard by Mr Kubonera with a decision made thereto,” the State said.
In their first attempt, Grant and Russell had filed their application for exception, saying the charges were defective and must be quashed, but Harare magistrate Mr Shane Kubonera dismissed their application, saying they raised triable issues.
They approached the High Court for review but that court ordered them to proceed to trial and defend themselves.
It is the State’s case that on December 10, 2020 at around 2pm on the opposite side of Celebration Church in Borrowdale, Harare the accused persons erected a billboard with statements about West Properties.
It was alleged that Russell and Strathen caused false alarm to the public through the information which was written on the billboard.
The State alleges that the billboard erected by the two had contents which were likely to interfere with the ordinary comfort or convenience of West Properties clients.
The company a report to the police leading to their arrest.
Peter Tanyanyiwa
Online Reporter